Emergency Relief for Emergency Relief for Federally Owned Roads Federally Owned Roads

(ERFO)(ERFO)

Objective for TodayObjective for Today

• Program BasicsProgram Basics

• BettermentsBetterments

• Funding and StewardshipFunding and Stewardship

• Q & AQ & A

ERFO AuthorizationERFO Authorization• Title 23 U.S.C., Section 125

– Authorizes both the ER and ERFO Programs• Title 23, CFR, Part 668 – Emergency Relief

Program – Subpart A - Procedures for Federal-Aid

Highways (ER)– Subpart B – Procedures for Federal Agencies

for Federal Roads (ERFO)

• The intent of the program is to – repair or reconstruct Federally owned or

designated roads – that have suffered serious damage – by a natural disaster over a wide area – or by a catastrophic failure

ERFO Program IntentERFO Program Intent

• Initiate Emergency Repairs– Restore essential traffic – Protect remaining facilities– Prevent additional damage

• Maintain eligibility for reimbursement– Keep records, time sheets, equipment hours– TAKE PICTURES

When Disaster StrikesWhen Disaster Strikes

NotifyNotify

• Phone call to FLMA ERFO Coordinator• Regional Office

– Assesses damage from all units– Informal Notice of Intent (NOI)– Formal NOI to FLH Division Engineer within 2

weeks of event• NOI sent later than 6 weeks may be rejected

Disaster AssessmentDisaster Assessment

• ERFO Coordinator and Applicant prepare a Disaster Assessment Report

• ERFO Coordinator makes recommendation

• FLH Division Engineer makes final determination (Positive or Negative Finding)

• Eligible Roads, Bridges and Trails

– Roads & Bridges : Open to Public Travel (Passenger Car)

– Trails: National Trails – Damage to the Facility must be beyond Heavy

Maintenance– Pictures

Disaster AssessmentDisaster Assessment

– Natural event: Unusual, Sudden, and unprecedented

– Widespread Area: Several Counties or Presidential or Governor Disaster Declaration

– Serious: $700,000 ( Combined)/$3,000

Disaster Approval CriteriaDisaster Approval Criteria

Program of Projects Program of Projects ApprovalApproval

• Applicant and FHWA conducts detailed site inspections and prepares DSRs

• Applicant submits their Program of Projects (POP) Letter and submits DSRs for review

• FHWA sends Approved POP Letter which establishes the list of approved projects and any approval conditions– Required prior to beginning Permanent Repairs

Project ProgressProject Progress

• Applicant tracks progress through a Disaster Repair Status/Closeout Report

• Project Timeline– Force Account Repairs – completed by the end

of the second fiscal year following the disaster– Contract Repairs – awarded by the end of the

second fiscal year following the disaster

Disaster CloseoutDisaster Closeout

• Applicant submits Final Disaster Repair Status/Closeout Report

• ERFO Coordinator prepares Closeout Letter and Report – May conduct in-depth review of selected

projects

• ERFO Program Manager reconciles funds with the Applicant

• SOME IMPORTANT POINTS

ERFOERFOEmergency RepairsEmergency Repairs

• Categorically Excluded (Cat. Ex.) from the need to prepare an EA or EIS under FHWA’s NEPA implementing regulations (23CFR 771.117(c)(9))– A Categorical Exclusion must be prepared

ERFOERFOPermanent RepairsPermanent Repairs

• Program approval required before permanent repairs begin

• Environmental compliance and permits are the responsibility of the lead agency

• Projects must be given prompt attention and priority over non-emergency work

Permanent RepairPermanent RepairProject Timing and PriorityProject Timing and Priority

• Projects not completed within the time period must be granted a time extension to remain eligible

• Time Extensions evaluated as follows:– Project advanced on a priority basis?– Another disaster enlarged the damage?– Significant environmental or public

involvement?– On-going litigation?

Permanent RepairPermanent RepairProject Timing and PriorityProject Timing and Priority

• Time extensions will not be granted for:– Lack of agency or ERFO funds– Force Account projects

• Submit time extension requests 60 days prior to the end of the eligibility period

• Time extensions are needed on an annual basis until the project is under construction

WithdrawnWithdrawn from thefrom the

Program of ProjectsProgram of Projects• Projects not completed timely and

projects without time extensions are no longer considered emergency projects– Only costs expended during the eligible

period are reimbursable

REVISED DSRREVISED DSR

• The cost variance (estimated to actual) is more than $20,000 for Damage Survey Reports less than $100,000.

• The cost variance (estimated to actual) is more than 20 percent for Damage Survey Reports over $100,000.

• Scope of Repairs Change

ERFO STATUS REPORTSERFO STATUS REPORTS

• One Status Report each year– Actual obligation/expenditure for each site

• Disaster Closeout Process– In-depth review of selected sites– Closeout Report– Funds reconciliation

BETTERMENTSBETTERMENTS

Betterment DefinitionBetterment Definition

• Added features or facilities NOT existing prior to the Natural Disaster or Catastrophic Failure– Replacement Facilities are not considered

betterments– Project mitigation measures are not considered

betterments

Betterment ExamplesBetterment Examples

• Betterments that may be justifiable– Adding scour protection– Replacing a culvert with a bridge– Lengthening or raising bridges– Raising road grade– Deepening channels– Increasing number or size of culvert

Betterment ExamplesBetterment Examples

• Betterments that would be difficult to justify– Adding lanes, widening shoulders– Upgrading a surface from gravel to ACP– High cost items when current damage is

minimal

Betterment EligibilityBetterment Eligibility

• Betterment justification must be through a Benefit/Cost analysis

• Submit proposal to the ERFO Coordinator for approval